Sturges v. Botts
Missouri Court of Appeals
Appeal from Linn Circuit Court, Hon. Gr. D. Burgess, Judge. The case is stated in the opinion. I. The finding of the. court is against the law.
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Appeal from Linn Circuit Court, Hon. Gr. D. Burgess, Judge. The case is stated in the opinion. I. The finding of the. court is against the law. Birch v. Wright, 1 T. R. 378; Ourne v. Scovill, 4 Day, 228; Osgood v. Dewey, 13 Johns. 240; Ilenwood v. Cheseman, 3 S. & R. 500; Butler v. Cowles, 4 Ohio, 205; Sinnard v. McBride, 3 Id. 284; Richey v. McBride, 6 Id. 371; Deters v. Elkins, 14 Id. 344; Frazer v. Jones, 6 Blackf. 386; Newby v. Vestal, 6 Ind. 412; Hood v. Mathis, 21 Mo. 308 ; Cohn v. Kyler, 27 Id. 123 ; Hutton v. Dowers, 38 Id. 353 ; Edmondson v. Kite, 43 Id. 176; Robertson v. Railroad, 1…
1Opinion of the CourtPhilips, P. J.
This was an action instituted in a justice’s court. The statement of the cause of action, on which the case was tried in that court, was to recover for the use and occupation of certain premises for a given period. The plaintiff had judgment, from which the defendant appealed to the circuit court. When the case was reached for trial, de now, the plaintiff, against the objection of defendant, was permitted to file an amended statement of the cause of action, whereby he sued for money had and received, alleging that during the given period the defendant had rented to others and collected *285rents…
2Cases cited10 opinions
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Hood v. MathisSupreme Court of Missouri · 1855
- Cohen v. KylerSupreme Court of Missouri · 1858
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Gregory v. WabashMissouri Court of Appeals · 1886
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3Cited by7 opinions
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- Evans v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1896
- Brennan v. McMenamyMissouri Court of Appeals · 1899
- Whitfield v. Town of CarrolltonMissouri Court of Appeals · 1892
- Nutter v. HoustonMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.